Speight v. Slaton 8212 1557, No. 72

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation39 L.Ed.2d 367,94 S.Ct. 1098,415 U.S. 333
Docket NumberNo. 72
Decision Date27 February 1974
PartiesAlvis G. SPEIGHT, T/A Harem Book Store, et al., Appellants, v. Lewis R. SLATON, Etc., et al. —1557

415 U.S. 333
94 S.Ct. 1098
39 L.Ed.2d 367
Alvis G. SPEIGHT, T/A Harem Book Store, et al., Appellants,

v.

Lewis R. SLATON, Etc., et al.

No. 72—1557.
Argued Jan. 7, 8, 1974.
Decided Feb. 27, 1974.

Robert Eugene Smith, Baltimore, Md., for appellants.

Thomas R. Moran, Atlanta, Ga., for appellees.

PER CURIAM.

This is an appeal from a decision of a three-judge district court (356 F.Supp.1101) declining to intervene in a pending state civil proceeding and holding that such intervention was barred by our decision in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669. The state proceeding, brought against appellants by the Solicitor General of Fulton County, Georgia, sought an injunction against the operation of appellant Speight's bookstore, and confiscation and destruction of all merchandise on the store's premises, on the grounds that the store was being used for the

Page 334

'advertising, storage, sale, and exhibition for sale of materials obscene within the meaning of Section 26—2101 of the Criminal Code of Georgia.' The basis for the State's action was § 26—2103 of the Code under which the use of any premises for the violation of § 26 2101 constitutes a 'public nuisance,' thereby triggering the application of state statutory provisions for the abatement of public nuisances, c. 72—2 of the Code of Georgia. The case is here on appeal. 28 U.S.C. §§ 1253, 2101(b). We noted probable jurisdiction to decide whether under these circumstances federal intervention in the pending state proceedings was barred by our holding in Younger v. Harris, supra.

Since oral argument of this case the Georgia Supreme Court has struck down the application of § 26—2103 in another case involving similar facts. Sanders v. State, 231 Ga. 608, 203 S.E.2d 153 (1974). In Sanders the State has brought an action to enjoin the operation of a bookstore on the ground that certain publications sold by the store were obscene under § 26—2101. The supreme court held that this application of § 26—2103 'represents an unconstitutional prior restraint when construed and applied to authorize the permanent closure of the book store as a public nuisance upon a finding that a single publication, obscene under the standards of Code Ann. § 26—2101(b), was sold on its premises.' Id., at 611, 203 S.E.2d, at 155. As we understand the Georgia court's decision, the operation of a bookstore could not be enjoined merely because some of its merchandise had been judicially...

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6 practice notes
  • Universal Amusement Co., Inc. v. Vance, No. 75-4312
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 18, 1978
    ...were sold . . . in the past." Speight v. Slaton, 356 F.Supp. 1101, 1107 (N.D.Ga.1973) (Morgan, J., dissenting), Vacated and remanded, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). Many courts have so held. However, the federal courts should refrain from passing upon a constitutional q......
  • Huffman v. Pursue, Ltd 8212 296, No. 73
    • United States
    • United States Supreme Court
    • March 18, 1975
    ...decided by a competent state tribunal the federal issues involved.' Id., at 577, 93 S.Ct., at 1697. Similarly, in Speight v. Slaton, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974), we noted probable jurisdiction to consider the applicability of Younger to noncriminal cases, but remanded......
  • Cornflower Entertainment, Inc. v. Salt Lake City Corp., No. C 79-0276.
    • United States
    • U.S. District Court — District of Utah
    • March 27, 1980
    ...were sold . . . in the past." Speight v. Slaton, 356 F.Supp. 1101, 1107 (N.D.Ga.1973) (Morgan, J., dissenting), vacated and remanded, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). Many courts have so held. Id. at 106 Forsyth is, therefore, of little or no support for upholding a theat......
  • Nihiser v. Sendak, Civ. No. 73 F 93.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 4, 1974
    ...Younger in any event. See Palaio v. McAuliffe, 466 F.2d 1230 (5th Cir. 1972); Speight v. Slaton, 356 F.Supp. 1101 (N.D.Ga.1973), vacated, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). The best approach is not to regard labels "civil" and "criminal" as controlling, but to analyze the c......
  • Request a trial to view additional results
6 cases
  • Universal Amusement Co., Inc. v. Vance, No. 75-4312
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 18, 1978
    ...were sold . . . in the past." Speight v. Slaton, 356 F.Supp. 1101, 1107 (N.D.Ga.1973) (Morgan, J., dissenting), Vacated and remanded, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). Many courts have so held. However, the federal courts should refrain from passing upon a constitutional q......
  • Huffman v. Pursue, Ltd 8212 296, No. 73
    • United States
    • United States Supreme Court
    • March 18, 1975
    ...decided by a competent state tribunal the federal issues involved.' Id., at 577, 93 S.Ct., at 1697. Similarly, in Speight v. Slaton, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974), we noted probable jurisdiction to consider the applicability of Younger to noncriminal cases, but remanded......
  • Cornflower Entertainment, Inc. v. Salt Lake City Corp., No. C 79-0276.
    • United States
    • U.S. District Court — District of Utah
    • March 27, 1980
    ...were sold . . . in the past." Speight v. Slaton, 356 F.Supp. 1101, 1107 (N.D.Ga.1973) (Morgan, J., dissenting), vacated and remanded, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). Many courts have so held. Id. at 106 Forsyth is, therefore, of little or no support for upholding a theat......
  • Nihiser v. Sendak, Civ. No. 73 F 93.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 4, 1974
    ...Younger in any event. See Palaio v. McAuliffe, 466 F.2d 1230 (5th Cir. 1972); Speight v. Slaton, 356 F.Supp. 1101 (N.D.Ga.1973), vacated, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). The best approach is not to regard labels "civil" and "criminal" as controlling, but to analyze the c......
  • Request a trial to view additional results

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